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Wondered if anyone can help. New manager made life hell due to her voiced christian beliefs and once found out I was gay passed me over for promotion in April although gave me highest perfomer and gave bonus from work done with previous manager. Then after being in post 7 months she made allegations back in April 2011 but never started investigation just gathering facts she said and continued having meeetings with me monthly, no investigation ever discussed and no supervisions. This went on and was asnswering same questions over again giving reports.

 

Got to point in November said she might investigate or I could resign as I said couldn't continue under stress. I had already gone to other department and I told her to whistle blow about her incompatance around contracts, budgets and staff management.

 

She said resign and that would be end of the matter for me and gave me 5 weeks leave and told me just to go. I wrote a letter and said I was resigning with understanding of no further actions (was told that to get reference they could say investigation if they had done one?) and she would provide reference....this was agreed in email from her.

 

 

So left in November...paid until December 31st and believed to be end of matter. heard nothing then Police knocked on door last Monday say they had received a complaint. The details of complaint were more or less same questions asked over and over again when there and some of it obviously just malicious and unfounded.

 

 

Question is they owe me for travel as claim went in before I left so do I need to go to tribunal for that or county court.....and does this amount to constructive dismissal on grounds of victimisation and sexual orientation.

 

Any help appreciated.

Edited by citizenB
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You actually potentially had quite a good claim there for discrimination on the grounds of sexual orientation.. Unfortunately, it's out of time now!

 

So the employment tribunal is out. But you can claim lost wages in the county court.

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I think that probably is what happened.

 

I thought you left in November? Your last day in work, or if on garden leave the day your notice expired, is the crucial date, not the final day you were paid.

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I should have been more specific - the situation is very different if you were paid in lieu of notice, as this would mean the claim was out of time. If you were on garden leave until 31 December, you'd still have until 30 March to bring your claim.

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Thank you so much for responding......I will see if I can speak to a solicitor about this on Monday although I have googled tribunal and it looks like I can do it online myself..I wonder if anyone has had experience of this before.....sorry to be a pain but can't afford a solicitor to be honest!

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Thank you so much for responding......I will see if I can speak to a solicitor about this on Monday although I have googled tribunal and it looks like I can do it online myself..I wonder if anyone has had experience of this before.....sorry to be a pain but can't afford a solicitor to be honest!

 

 

Get that claim in pronto!!! Good luck!!

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Hi

 

Just wondering since previous employer got the police involved some time after you left their employment, what did the police make of the complaint made against you and did you get a written report from the police?

 

If the police did not make anything of the complaint then IMO your previous employer getting them involved could also be seen as Defamation of Character I may be wrong thou but others will advise.

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Yes you're right, it can be done online and by yourself, in fact this is the way that ETs were initially set up.

 

You need to get your claim form in ASAP. If you use your November date as the last day in employment then it's out of time, so best to try the December date. When was your final day in employment on your p45, and why do you believe you were employed until December if you left in November?

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Don't forget the Pre-action Protocols, etc. Letter Before Action giving 14 days. You will need to demonstrate to the court that you have tried everything to resolve the matter.

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Cant see it would be defamation, and there really is no mileage in pursing that one. If the employer believed that a criminal offence had taken place(even if later proved otherwise) its not defamation to call the Police.

If I have been of any help, please click on my star and let me know, thank you.

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There is another aspect to considering a county court action. Obviously we have no idea what the police allegation was but when considering taking your former employer to the CC apart from merely defending an action in the county court, it may be a consideration for your employer to also issue counterclaims over allegations, and these might not even be related to the facts of your case. Say for example the allegation to police was for misuse of company funds or expenses, even if the Police said it was not a crime the employer could take out civil proceedings.

 

I think what I am saying is before taking action that you later regret that you get a full and considered legal opinion from a solicitor who is in possession of all the facts. Forums being as they are do not get all necessary facts for posters to give balanced opinions, they merely go on what has been posted. Remember costs can be granted for both sides and you could find yourself well out of pocket should you not get this right.

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Thanks for all your help. Employer hadn't investigated but said ahe was gathering facts and when I finally snappped due to the meetings and continuos insinuations I had something wrong she said if i wasn't happy then I should resign. She said that would be the end of the matter for me and she had advice from her manager and HR and then agreed my terms of resignation in last week of Novemebr which were no further actions against me, I get a reference and they pay me until Dec31. Wish I had stayed now and fought my corner and forced them to investigate to clear my name. Looks like she just got me out of the way....she has interviewed and took statements from staff and clients so don't stand a chance if it goes th court as they will now say whatever was said against me. Policy says to investigate if she thought I had dome something wrong back in May 2011 and inform police then.....police asked me same questions she has asked me about 7 or 8 times and am so confused........understand why people lose faith and give up and take easy way out and this is how I feel after only a week after police visited me...... just wanted to say thank you again for your replies and I will put a claim in tomorrow for expenses but will consider claim for victimisation after reading a bit more about it......

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Still feeling sick as a chip....apparently employed has now sent an email to all staff in the area to not contact me, my partner or family as I am under investigation!! God knows what they must all be thinking.....my partner or family never worked for them so why they should victimise them I don't know?

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It is quite normal for an employer or ex employer to tell staff not to contact someone in these sort of situations, but without knowing the type of investigation its hard to say if its reasonable. i would say that your ex employer must believe thay have some sort of case as its been going on for so long so it may not be victimisation. have you spoken to a solicitor at all? as they may be able to speed things up and get to the bottom of this.

If I have been of any help, please click on my star and let me know, thank you.

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This is a quick one if anyone can help. I have completed the form for my expenses to go to tribunal and have now found out today that an agency I applied to work had received a phone call on 24 Feb from employed to retract my reference. Just to clarify, I gave notice, no investigation had started before I left or I presume during my notice period as I was given the reference? I left with a letter from employed saying no further action against me and guaranteed reference (in writing). They have now retracted reference after I have left and totally disregarded terms of my resignation. I have not been charged with anything by police yet and this happened on 24 March anyway....I have not been able to defend any of the allegations although worried about police action that could take months...what do I do in the meantime about a reference.

 

Any help appreciated as deadline for claim form is 31st.....can I claim for lost earnings or victimisation?

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